News
LAKEPORT, Calif. – Lake County’s sheriff said he’s finalized the findings in the August death of a deputy.
Deputy Rob Rumfelt, 50, died on the night of Aug. 22 after he had responded to the scene of a domestic violence call in Lakeport, fought with a suspect and then left the scene, with his patrol SUV crashing into a tree. He was pronounced dead at the hospital a short time later.
Sheriff Brian Martin told Lake County News that a medical examiner concluded that Rumfelt suffered sudden cardiac death 30 minutes after a stressful physical encounter.
There are two separate and official determinations made related to human deaths. The first is the cause of death – the specific medical condition or injury that led to a death – which is based on the finding of a forensic pathologist.
Although Rumfelt’s autopsy found he had a broken neck – likely from the vehicle crash, during which he was not wearing his seat belt – Martin said the medical examiner believed the heart attack had occurred first and that the broken neck was less likely to have been the cause of death.
Then there is the manner of death, which is how the injury caused the individual to die. The coroner determines that in consultation with the medical examiner.
Forensics experts say there are several different manners of death, among them accidental, homicide, natural, suicide and undetermined.
As to Rumfelt’s manner of death, Martin said he had to settle on “could not be determined.”
That wasn’t the conclusion he wanted to make, but it’s accurate. Martin said he ultimately doesn’t know what led to Rumfelt’s death.
Martin said he personally gave the conclusions on the cause and manner of death to Rumfelt’s widow.
Events leading up to the deputy’s death
On the night he died, Rumfelt – along with fellow Deputy Nate Newton – had responded to a domestic violence call at a residence on Healton Circle in the city of Lakeport, backing up Lakeport Police Sgt. Joe Eastham.
The deputies found Alex Michael Castillo of Nice attempting to walk away from the scene with his 2-year-old child after assaulting his wife. At that time Castillo was on probation for having assaulted the same woman months earlier, according to the District Attorney’s Office.
Castillo fought with Rumfelt and Newton, who finally subdued and arrested him. Following the struggle, Rumfelt was reported to have been sweating and complaining of shortness of breath, according to the autopsy narrative.
The document said that Rumfelt spoke with other deputies for about 10 minutes before he got into his patrol vehicle and drove a short distance.
“His head was seen to slump and the vehicle stopped,” the narrative explained. “A short time later the vehicle accelerated and hit a tree.”
The autopsy report said CPR was started on Rumfelt, who subsequently was transported to Sutter Lakeside Hospital. It was there that he died at 9:15 p.m.
Martin said it’s believed that Rumfelt may have been having a heart attack when he was seen slumping, and that his foot slipped off the brake and onto the gas pedal.
Rumfelt’s SUV hit a tree halfway down Hartley Street, between Boggs Lane and 20th Street, Martin said.
Martin said the damaged tree was taken down about a month after the crash, because it was leaning into power lines. A small memorial remains there.
The autopsy, conducted in Napa County two days after Rumfelt’s death, found that he had facial abrasions, scalp contusions, hemorrhages in his neck strap muscles as well as the fractured C5 vertebra, which forensic pathologist Dr. Arnold Josselson found to be the result of the crash.
“This injury is usually not fatal, but can be, as it depresses respiration,” Josselson said of the fractured vertebra, adding that he was unsure if Rumfelt would have survived had he not had the crash.
The report found that Rumfelt had several risk factors for sudden cardiac death, including mild hypertension, stress and a body mass index rating that determined he was overweight.
Concerns over carbon monoxide levels in SUVs also was explored in the case, said Martin, but ultimately determined not to have been a factor.
Domestic violence suspect reaches plea agreement
On the night of Rumfelt’s death, authorities arrested Castillo for a variety of charges, including manslaughter.
While Martin said there is a penal code section that makes resisting an officer resulting in death a crime, District Attorney Don Anderson ultimately decided he wouldn’t charge Castillo with manslaughter because he didn’t believe he could convince a jury beyond a reasonable doubt that Castillo was responsible for Rumfelt’s death.
Martin said he agreed with Anderson’s decision not to pursue charges against Castillo for the death of the deputy.
Several weeks ago, Castillo reached an agreement with the District Attorney’s Office to plead guilty to making threats, resisting an officer, felony child endangerment and felony inflicting corporal injury on another person with a prior conviction, as Lake County News has reported.
On Dec. 13, Judge Stephen Hedstrom sentenced the 22-year-old Castillo to the maximum term of four years and eight months in state prison, Anderson said.
Martin said that with the death investigation concluded, he hopes Rumfelt’s family can move on with the grieving process.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
Deputy Rob Rumfelt, 50, died on the night of Aug. 22 after he had responded to the scene of a domestic violence call in Lakeport, fought with a suspect and then left the scene, with his patrol SUV crashing into a tree. He was pronounced dead at the hospital a short time later.
Sheriff Brian Martin told Lake County News that a medical examiner concluded that Rumfelt suffered sudden cardiac death 30 minutes after a stressful physical encounter.
There are two separate and official determinations made related to human deaths. The first is the cause of death – the specific medical condition or injury that led to a death – which is based on the finding of a forensic pathologist.
Although Rumfelt’s autopsy found he had a broken neck – likely from the vehicle crash, during which he was not wearing his seat belt – Martin said the medical examiner believed the heart attack had occurred first and that the broken neck was less likely to have been the cause of death.
Then there is the manner of death, which is how the injury caused the individual to die. The coroner determines that in consultation with the medical examiner.
Forensics experts say there are several different manners of death, among them accidental, homicide, natural, suicide and undetermined.
As to Rumfelt’s manner of death, Martin said he had to settle on “could not be determined.”
That wasn’t the conclusion he wanted to make, but it’s accurate. Martin said he ultimately doesn’t know what led to Rumfelt’s death.
Martin said he personally gave the conclusions on the cause and manner of death to Rumfelt’s widow.
Events leading up to the deputy’s death
On the night he died, Rumfelt – along with fellow Deputy Nate Newton – had responded to a domestic violence call at a residence on Healton Circle in the city of Lakeport, backing up Lakeport Police Sgt. Joe Eastham.
The deputies found Alex Michael Castillo of Nice attempting to walk away from the scene with his 2-year-old child after assaulting his wife. At that time Castillo was on probation for having assaulted the same woman months earlier, according to the District Attorney’s Office.
Castillo fought with Rumfelt and Newton, who finally subdued and arrested him. Following the struggle, Rumfelt was reported to have been sweating and complaining of shortness of breath, according to the autopsy narrative.
The document said that Rumfelt spoke with other deputies for about 10 minutes before he got into his patrol vehicle and drove a short distance.
“His head was seen to slump and the vehicle stopped,” the narrative explained. “A short time later the vehicle accelerated and hit a tree.”
The autopsy report said CPR was started on Rumfelt, who subsequently was transported to Sutter Lakeside Hospital. It was there that he died at 9:15 p.m.
Martin said it’s believed that Rumfelt may have been having a heart attack when he was seen slumping, and that his foot slipped off the brake and onto the gas pedal.
Rumfelt’s SUV hit a tree halfway down Hartley Street, between Boggs Lane and 20th Street, Martin said.
Martin said the damaged tree was taken down about a month after the crash, because it was leaning into power lines. A small memorial remains there.
The autopsy, conducted in Napa County two days after Rumfelt’s death, found that he had facial abrasions, scalp contusions, hemorrhages in his neck strap muscles as well as the fractured C5 vertebra, which forensic pathologist Dr. Arnold Josselson found to be the result of the crash.
“This injury is usually not fatal, but can be, as it depresses respiration,” Josselson said of the fractured vertebra, adding that he was unsure if Rumfelt would have survived had he not had the crash.
The report found that Rumfelt had several risk factors for sudden cardiac death, including mild hypertension, stress and a body mass index rating that determined he was overweight.
Concerns over carbon monoxide levels in SUVs also was explored in the case, said Martin, but ultimately determined not to have been a factor.
Domestic violence suspect reaches plea agreement
On the night of Rumfelt’s death, authorities arrested Castillo for a variety of charges, including manslaughter.
While Martin said there is a penal code section that makes resisting an officer resulting in death a crime, District Attorney Don Anderson ultimately decided he wouldn’t charge Castillo with manslaughter because he didn’t believe he could convince a jury beyond a reasonable doubt that Castillo was responsible for Rumfelt’s death.
Martin said he agreed with Anderson’s decision not to pursue charges against Castillo for the death of the deputy.
Several weeks ago, Castillo reached an agreement with the District Attorney’s Office to plead guilty to making threats, resisting an officer, felony child endangerment and felony inflicting corporal injury on another person with a prior conviction, as Lake County News has reported.
On Dec. 13, Judge Stephen Hedstrom sentenced the 22-year-old Castillo to the maximum term of four years and eight months in state prison, Anderson said.
Martin said that with the death investigation concluded, he hopes Rumfelt’s family can move on with the grieving process.
Email Elizabeth Larson at
LAKEPORT, Calif. – The Board of Supervisors this week approved an urgency ordinance that will allow marijuana cultivators to move forward in the the new state licensing process while the county continues to finalize rules for commercial marijuana cultivation.
The meeting video can be seen at online at https://countyoflake.legistar.com/Calendar.aspx.
County Counsel Anita Grant released the final copy of the urgency ordinance to Lake County News on Thursday. The document can be seen below.
The urgency ordinance went into effect immediately on Tuesday with the four-fifths vote of the board, according to the document language. Supervisor Rob Brown was the lone no vote.
“It’s effective for 45 days. Before that time period expires, the board must hold a noticed public hearing to extend it any further,” Grant said.
Community Development Department Director Robert Massarelli originally had gone to the board last week to ask for a temporary moratorium while staff completed the process of crafting permanent regulations.
However, at last week’s meeting, following an outcry from local growers who said they would be shut down for the coming year and unable to get the needed state permits, the majority of the board instead chose to consider an urgency ordinance.
Grant said the board is allowing people to move forward by applying for state licensure. However, the county doesn’t yet have the wherewithal under existing zoning to allow those who receive the licenses to cultivate.
She told the board that they’re allowing people to continue the process, “and essentially you’re hoping you’ll catch up.”
County officials have estimated that the full and permanent regulations should be in effect sometime in the first half of 2018.
The document states that for a 45-day period there is a moratorium against cultivation, distribution, transport, storage, manufacturing, processing, testing and sale of commercial cannabis in any unincorporated area of Lake County “pending further review and consideration of the impacts of recent State-issued cannabis regulations upon the development and implementation of a permanent County ordinance addressing commercial cannabis.
Those prohibitions are in effect except for individuals who have submitted a complete self-certification application under Article 72 of Lake County’s Zoning Ordinance and have submitted a signed affidavit of compliance with state and local law as of the ordinance’s effective date.
Those individuals will be issued an authorization letter to proceed with the application for state license Type 1, specialty outdoor, up to 5,000 square feet or a maximum of 50 mature plants; Type 1C, specialty cottage, up to 25 mature plants for outdoor, maximum of 500 square feet indoor or for mixed light up to 2,500 square feet; Type 2 licenses for small operations ranging between 5,001 and 10,000 square feet; and Type 3 licenses for medium operations ranging between 10,001 square feet and 22,000 square feet.
However, they get that go-ahead to proceed “with the caveat that said authorization shall only serve to acknowledge the applicant’s prior compliance with state and local law and present eligibility to pursue a local commercial cultivation license when the County’s permanent commercial cannabis ordinance is final. Said authorization is not an adjudication and is not a permit or approval of commercial cultivation at any particular location,” the ordinance reads.
The document also makes clear that the urgency ordinance doesn’t create or imply any right to claim any vested right for marijuana cultivators.
The ordinance also states that all registrations issued pursuant to the ordinance shall automatically expire when the ordinance does and/or is terminated or when a permanent ordinance is adopted, or whichever occurs sooner.
The limited registration is conditioned on the execution of a written acknowledgement by the registrant that they have no vested rights as a result of the registration. “All cultivators will be required to apply for and be granted a land use permit under the County’s permanent ordinance in order to cultivate.”
At Tuesday’s meeting, Massarelli reported that the State Water Board has issued 65 permits for growers in Lake County, with many applications before the board that are not being processed.
He said 12 grower self-certifications have been received by the county. Of those, 11 growers have pursued both the state permit process and county self-certification.
Massarelli said his staff hasn’t yet assessed the 65 permits issued by the state to know if they comply with county zoning law and would even be allowed.
Speakers at Tuesday’s meeting urged the board to take action, as otherwise their hands were being tied on moving forward with their operations. They said inaction would hamper or altogether end their efforts to secure investment, and the board was reminded that additional steps needed to be taken before cultivation could even begin under the new state rules.
Growers also argued that the people who were in the room advocating for the urgency ordinance were the “good actors” – people who wanted to work within state regulations, not the growers who for years have done damage to the environment and caused problems in neighborhoods.
Grant told the board Tuesday that if after the urgency ordinance’s initial 45-day period the document doesn’t do what was intended, the supervisors can extend and alter it but will have to have another public hearing.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
The meeting video can be seen at online at https://countyoflake.legistar.com/Calendar.aspx.
County Counsel Anita Grant released the final copy of the urgency ordinance to Lake County News on Thursday. The document can be seen below.
The urgency ordinance went into effect immediately on Tuesday with the four-fifths vote of the board, according to the document language. Supervisor Rob Brown was the lone no vote.
“It’s effective for 45 days. Before that time period expires, the board must hold a noticed public hearing to extend it any further,” Grant said.
Community Development Department Director Robert Massarelli originally had gone to the board last week to ask for a temporary moratorium while staff completed the process of crafting permanent regulations.
However, at last week’s meeting, following an outcry from local growers who said they would be shut down for the coming year and unable to get the needed state permits, the majority of the board instead chose to consider an urgency ordinance.
Grant said the board is allowing people to move forward by applying for state licensure. However, the county doesn’t yet have the wherewithal under existing zoning to allow those who receive the licenses to cultivate.
She told the board that they’re allowing people to continue the process, “and essentially you’re hoping you’ll catch up.”
County officials have estimated that the full and permanent regulations should be in effect sometime in the first half of 2018.
The document states that for a 45-day period there is a moratorium against cultivation, distribution, transport, storage, manufacturing, processing, testing and sale of commercial cannabis in any unincorporated area of Lake County “pending further review and consideration of the impacts of recent State-issued cannabis regulations upon the development and implementation of a permanent County ordinance addressing commercial cannabis.
Those prohibitions are in effect except for individuals who have submitted a complete self-certification application under Article 72 of Lake County’s Zoning Ordinance and have submitted a signed affidavit of compliance with state and local law as of the ordinance’s effective date.
Those individuals will be issued an authorization letter to proceed with the application for state license Type 1, specialty outdoor, up to 5,000 square feet or a maximum of 50 mature plants; Type 1C, specialty cottage, up to 25 mature plants for outdoor, maximum of 500 square feet indoor or for mixed light up to 2,500 square feet; Type 2 licenses for small operations ranging between 5,001 and 10,000 square feet; and Type 3 licenses for medium operations ranging between 10,001 square feet and 22,000 square feet.
However, they get that go-ahead to proceed “with the caveat that said authorization shall only serve to acknowledge the applicant’s prior compliance with state and local law and present eligibility to pursue a local commercial cultivation license when the County’s permanent commercial cannabis ordinance is final. Said authorization is not an adjudication and is not a permit or approval of commercial cultivation at any particular location,” the ordinance reads.
The document also makes clear that the urgency ordinance doesn’t create or imply any right to claim any vested right for marijuana cultivators.
The ordinance also states that all registrations issued pursuant to the ordinance shall automatically expire when the ordinance does and/or is terminated or when a permanent ordinance is adopted, or whichever occurs sooner.
The limited registration is conditioned on the execution of a written acknowledgement by the registrant that they have no vested rights as a result of the registration. “All cultivators will be required to apply for and be granted a land use permit under the County’s permanent ordinance in order to cultivate.”
At Tuesday’s meeting, Massarelli reported that the State Water Board has issued 65 permits for growers in Lake County, with many applications before the board that are not being processed.
He said 12 grower self-certifications have been received by the county. Of those, 11 growers have pursued both the state permit process and county self-certification.
Massarelli said his staff hasn’t yet assessed the 65 permits issued by the state to know if they comply with county zoning law and would even be allowed.
Speakers at Tuesday’s meeting urged the board to take action, as otherwise their hands were being tied on moving forward with their operations. They said inaction would hamper or altogether end their efforts to secure investment, and the board was reminded that additional steps needed to be taken before cultivation could even begin under the new state rules.
Growers also argued that the people who were in the room advocating for the urgency ordinance were the “good actors” – people who wanted to work within state regulations, not the growers who for years have done damage to the environment and caused problems in neighborhoods.
Grant told the board Tuesday that if after the urgency ordinance’s initial 45-day period the document doesn’t do what was intended, the supervisors can extend and alter it but will have to have another public hearing.
Email Elizabeth Larson at
121917 Lake County marijuana cultivation urgency ordinance by LakeCoNews on Scribd
On Thursday, the House of Representatives passed a supplemental disaster funding package for those affected by recent natural disasters, including the California wildfires.
The package delivers $81 billion in additional disaster relief.
“I’m pleased the House has passed the vital supplemental disaster relief that the communities affected by the fires need to get back on their feet,” said Congressman Mike Thompson (CA-05).
“This funding package that I’ve been pushing for grants the state of California’s funding that will help our communities get back on their feet. This will give the State and local communities the tools they need to rebuild infrastructure, businesses, and housing, and help individuals affected,” Thompson said.
He added, “I’ll continue to work with my House colleagues to ensure our community has all the resources necessary to fully recover from this disaster.”
Thompson’s district includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties, areas hit hard by this year’s fires.
The package delivers $81 billion in additional disaster relief.
“I’m pleased the House has passed the vital supplemental disaster relief that the communities affected by the fires need to get back on their feet,” said Congressman Mike Thompson (CA-05).
“This funding package that I’ve been pushing for grants the state of California’s funding that will help our communities get back on their feet. This will give the State and local communities the tools they need to rebuild infrastructure, businesses, and housing, and help individuals affected,” Thompson said.
He added, “I’ll continue to work with my House colleagues to ensure our community has all the resources necessary to fully recover from this disaster.”
Thompson’s district includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties, areas hit hard by this year’s fires.
LAKEPORT, Calif. – Following a lengthy discussion and extensive public comment, the Lakeport City Council approved new guidelines that allow for commercial marijuana, or cannabis, operations in certain areas of the city.
The council had an initial discussion on both the commercial regulations as well as updated rules – with only minor changes – for personal cannabis cultivation, formerly referred to in city rules as medical marijuana, at its Dec. 4 meeting.
On Tuesday, the council unanimously passed the personal cultivation rules after a brief discussion, with no members of the public giving any comment.
The council then moved on to the matter of commercial marijuana, which took up about an hour and a half of the meeting, which ran just over two hours and 45 minutes. The council chambers were nearly full for the marijuana-related matters.
Community Development Director Kevin Ingram said staff had taken the council’s comments at its Dec. 4 meeting and worked proposed changes into the updated draft ordinance before them. That document begins on page 63 of the agenda packet published below.
The council ultimately approved an ordinance that had several more substantive changes, which City Attorney David Ruderman said will require a second reading at a regular council meeting in January.
Those changes included allowing only retail delivery, with no storefronts; removing a 5-pound limit for retailers to have on hand at a location; eliminating a cap of two retailers; eliminating limits of 50 square feet of product space and 1,500 square feet of store area; and prohibiting delivery-only retailers from C2 commercial zoning.
A total of 13 individuals spoke to the council regarding the proposed ordinance. Nine of them had various concerns about marijuana, ranging from not wanting storefronts to not wanting commercial activities legalized in the city at all. The other four – including two in the cannabis business – spoke in favor of the regulations.
Longtime city resident Stan Jones, a retired law enforcement officer, said it has taken him a long time to buy into medical marijuana and he still doesn’t buy into commercial uses. He asked for the council to ban storefront dispensaries.
City Planning Commissioner Michael Green, who also is a marijuana consultant, urged the council to accept the rules. “I’m proud of the ordinance that’s before you today,” which he said gives the city a clean and elegant start on cannabis regulations.
City resident Annette Hopkins felt just the opposite. “Be cautious in your decision making. Don’t be pushed, prodded or otherwise massaged into making decisions that will have lasting and, at this time, unknown impacts,” she said, also asking for the council to not allow for retail or dispensary activity.
Chris Jennings, owner of Lakeside Herbal Solutions in Clearlake, encouraged the council to move forward with the ordinance. He said he’s expanding his operations in Clearlake once he opens a greenhouse facility and begins manufacturing, and expects to make $1.5 million in the first year. He said he also wants to put a dispensary in Lakeport.
“Lakeport lives on family-oriented tourism,” said another city resident, Meredith Lahmann. She said retail storefronts with marijuana won’t help that, and while she would like to deal with the black market, she didn’t think allowing commercial operations into Lakeport is the way to do it.
Lakeport businessman Mike Ewing also was against commercial operations in the city. “I think it’s a bad idea,” he said of selling “dope” in downtown Lakeport.
When the council began its discussion following public input, Mayor Stacey Mattina said the ordinance before them wasn’t the one she thought would be presented. She said the city initially had a far more modest version with no retail, businesses allowed in industrial and C3 zoning with delivery allowed.
That original ordinance, which came from a city working group, was sent to the Lakeport Planning Commission. “Now we have this ordinance that looks nothing like what we started with,” she said.
She was concerned about not knowing the full risks to the city, and urged fellow council members to pull back and keep working on the rules in the new year.
However, other council members didn’t agree, and wanted to move forward with adopting the regulations, which they noted had been the focus of an enormous amount of effort.
Councilman Kenny Parlet acknowledged the built-in prejudice against marijuana, and then revealed that his adult daughter uses it to relieve her rheumatoid arthritis pain.
“Doing nothing would be a serious mistake,” he said.
However, Parlet was willing to pull retail operations out and require other commercial activities be located in C3 or industrial zoning.
“This is an industry that carries a lot of baggage with it. Nobody is going to argue about that,” said Mayor Pro Tem Mireya Turner, who also is a county planner who has worked extensively on marijuana-related issues.
She said she’s honed her own priorities, which include public safety balanced with safety for those who want to consume marijuana. Turner said she also wanted access to a safe product.
Turner said she believed the ordinance almost accomplished the goals of maintaining public safety and creating a regulatory system. “This a pretty big first step.”
Recognizing that retail was a concern, Turner said she was fine with a slow approach.
“We’ve got to come to terms with the fact that people are doing it,” said Councilman Tim Barnes, who favored putting in place regulations that can be enforced.
Mattina asked if he was open to a more modest approach and Barnes said yes, noting that retail was definitely off the table at that point.
With the agreed-upon changes, including not allowing for dispensaries and keeping commercial operations in C3 and industrial zoning, Barnes moved to approve the ordinance with Turner seconding and the council voting 5-0.
They will take the final vote on the rules next month.
In other business on Tuesday, the council elected Turner as the new mayor and Barnes as mayor pro tem; the Lakeport Main Street Association presented the winners of its annual holiday decoration contest; the council adopted the proposed resolution approving the city of Lakeport’s Hazardous Mitigation Grant Program grant application for the creation of a local hazards mitigation plan; the council received a report on the fiscal year ended June 30, 2017, regarding unaudited actuals and provide staff direction on the treatment of any surplus revenues; a new email server and new HVAC unit at 916 N. Forbes, formerly the Lakeport Police station, were approved; and the council adopted a resolution declaring Dec. 27 a holiday for city employees.
Email Elizabeth Larson at
121917 Lakeport City Council agenda packet by LakeCoNews on Scribd
CLEARLAKE, Calif. – Confusion over wording in a city ordinance governing commercial marijuana rules has led to the calling of a special Clearlake City Council meeting this week to discuss an urgency ordinance banning marijuana cultivation on the west side of Highway 53.
The council will meet in closed session to discuss two potential cases of litigation beginning at 5:15 p.m. Thursday, Dec. 21, before the public portion of the meeting begins at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Under council business, council members will consider an urgency ordinance, Ordinance No. 202-2017, placing the proposed moratorium on commercial marijuana, or cannabis, cultivation businesses west of Highway 53 in the city limits.
The need for the urgency ordinance arose following the council’s Dec. 14 meeting when staff sought clarification regarding the wording of Ordinance No. 200-2017, which was approved Oct. 26 and Nov. 27.
City Manager Greg Folsom said confusion arose pertaining to one passage about cultivation, Section 18-12.020 b.1, which read: “1. Commercial Cannabis Cultivation is allowed only in the CB zones when all cultivation activities are conducted entirely inside a building utilizing no natural light, or in a hybrid greenhouse east of State Route 53 in CB zones.”
Folsom said that inaccurate punctuation – specifically, lack of a semicolon – had led to different interpretations of that paragraph.
At the Dec. 14 meeting, Folsom asked to know what the council’s understanding of the wording had been. “We just want clarification, what was it the council meant so that we can go forward with that.”
The majority of council members said they interpreted the language to mean that cannabis cultivation – whether indoors or outdoors – was to be allowed only on the east side of Highway 53.
Mayor Russ Perdock said the intention had been to leave the area on the west side of Highway 53 out of cultivation in order to encourage retail, resorts and tourism, with the east side available for cultivation purposes.
As of the Dec. 14 meeting, Folsom reported that the city had received one application for cultivation in an existing enclosed building utilizing no natural light west of Highway 53. He said at that time that no licenses have been granted for cultivation activities, as they must go through a process involving the planning commission.
Now, with the council having clarified its position, Folsom said that in order to implement the council’s stated direction, the ordinance’s language “should be amended to clearly reflect the legislative intent.”
The process to amend the ordinance will require at least two meetings of the council for a first and second reading, plus required public noticing, Folsom said in his report for Thursday’s meeting.
“Because that amendment will take approximately two months to implement and at least one applicant has inquired regarding commercial cannabis west of State Route 53, staff believes the Council should consider a moratorium placing a temporary ban on commercial cultivation in this particular area,” Folsom wrote in his report.
He said the moratorium would go into effect immediately and would not allow any commercial cannabis cultivation west of Highway 53.
Folsom explained that, based on state law, the initial moratorium is only valid for 45 days but can be extended up to two years.
“Staff does not believe a lengthy moratorium will be needed as this amended ordinance would take its place in a few months if the amended ordinance, or some version thereof, is adopted by the City Council,” Folsom wrote.
In other business, the council will hold a public hearing for the presentation and closeout of the Community Development Block Grant as required by the California Department of Housing and Community Development. That item originally had been scheduled for the Dec. 14 meeting but was held over at staff’s request.
Items on the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – consideration of a declaration of local emergency issued on Oct. 9 and ratified by council action on Oct. 12; consideration of continuation of a declaration of a local health emergency issued on Oct. 12 and ratified by council action on Oct. 18; and Resolution No. 2017-92 approving the commitment of Community Development Block Grant Program income funds.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
The council will meet in closed session to discuss two potential cases of litigation beginning at 5:15 p.m. Thursday, Dec. 21, before the public portion of the meeting begins at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Under council business, council members will consider an urgency ordinance, Ordinance No. 202-2017, placing the proposed moratorium on commercial marijuana, or cannabis, cultivation businesses west of Highway 53 in the city limits.
The need for the urgency ordinance arose following the council’s Dec. 14 meeting when staff sought clarification regarding the wording of Ordinance No. 200-2017, which was approved Oct. 26 and Nov. 27.
City Manager Greg Folsom said confusion arose pertaining to one passage about cultivation, Section 18-12.020 b.1, which read: “1. Commercial Cannabis Cultivation is allowed only in the CB zones when all cultivation activities are conducted entirely inside a building utilizing no natural light, or in a hybrid greenhouse east of State Route 53 in CB zones.”
Folsom said that inaccurate punctuation – specifically, lack of a semicolon – had led to different interpretations of that paragraph.
At the Dec. 14 meeting, Folsom asked to know what the council’s understanding of the wording had been. “We just want clarification, what was it the council meant so that we can go forward with that.”
The majority of council members said they interpreted the language to mean that cannabis cultivation – whether indoors or outdoors – was to be allowed only on the east side of Highway 53.
Mayor Russ Perdock said the intention had been to leave the area on the west side of Highway 53 out of cultivation in order to encourage retail, resorts and tourism, with the east side available for cultivation purposes.
As of the Dec. 14 meeting, Folsom reported that the city had received one application for cultivation in an existing enclosed building utilizing no natural light west of Highway 53. He said at that time that no licenses have been granted for cultivation activities, as they must go through a process involving the planning commission.
Now, with the council having clarified its position, Folsom said that in order to implement the council’s stated direction, the ordinance’s language “should be amended to clearly reflect the legislative intent.”
The process to amend the ordinance will require at least two meetings of the council for a first and second reading, plus required public noticing, Folsom said in his report for Thursday’s meeting.
“Because that amendment will take approximately two months to implement and at least one applicant has inquired regarding commercial cannabis west of State Route 53, staff believes the Council should consider a moratorium placing a temporary ban on commercial cultivation in this particular area,” Folsom wrote in his report.
He said the moratorium would go into effect immediately and would not allow any commercial cannabis cultivation west of Highway 53.
Folsom explained that, based on state law, the initial moratorium is only valid for 45 days but can be extended up to two years.
“Staff does not believe a lengthy moratorium will be needed as this amended ordinance would take its place in a few months if the amended ordinance, or some version thereof, is adopted by the City Council,” Folsom wrote.
In other business, the council will hold a public hearing for the presentation and closeout of the Community Development Block Grant as required by the California Department of Housing and Community Development. That item originally had been scheduled for the Dec. 14 meeting but was held over at staff’s request.
Items on the consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – consideration of a declaration of local emergency issued on Oct. 9 and ratified by council action on Oct. 12; consideration of continuation of a declaration of a local health emergency issued on Oct. 12 and ratified by council action on Oct. 18; and Resolution No. 2017-92 approving the commitment of Community Development Block Grant Program income funds.
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Jacky Frost
"When Summer's blue sky fades to grey
And swiftly ends the shortening day,
When coldness takes the flowers away
I'll dance the dance of winter!"
Part of poem by Lucy Burrow
LAKE COUNTY, Calif. – Solstice is the occasion on Earth that happens two times a year – on June 21 and Dec. 21.
Our winter solstice on Dec. 21 marks the point in the year in which we experienced Earth's axis as pointing away from the sun in its orbit.
While we delight in winter here in the Northern Hemisphere, those in the Southern Hemisphere celebrate summer's onset.
Both hemispheres will now experience this as the season of shortest duration, with the shadow at noon seemingly out of its “normal” placement due to the sun's lower sweep across the heavens.
We have an 89-day winter season, from December solstice to March equinox, and by contrast, our summer solstice occurs at a longer length – from June solstice to September equinox at just over 93 days.
Now is when we want to snuggle and linger longer under our warm blankets since we are experiencing a late sunrise each morn and early sundown each eve.
Winter solstice has been celebrated worldwide for centuries. It is believed that Stonehenge, the giant rock placements set in a field in England, monuments in Machu Picchu in Peru and many other locales all honor the sun's path across the sky.
In times past, astronomical events such as the winter solstice were maps for all manner of events like carefully guarding foodstuffs that were painstakingly planted, harvested and prepared for the coming months.
The annual cycle of our planet has played a significant part of many cultures in both traditions and myths.
In northern Europe this time is named Yule, and yes, a yule log plays a part of the festivities.
Yule is a dozen days of midwinter celebrations. The word Yuletide combines two significant items together – both a season and its traditions. Then, a yule log and a wreath play a part in the events, as they often do today.
In some cultures this time of year was set aside for worship and greatly honored nature and all of her gifts.
The winter solstice is sometimes known in western culture as Blue Christmas, while in Asia the Dongzhi Festival occurs.
In Iran the holiday of winter solstice is called Yalda, and in Ancient Rome it was known as Brumalia.
Whatever you choose to call it, Happy Winter Solstice and Happy Holidays!
Kathleen Scavone, M.A., is a retired educator, potter, writer and author of “Anderson Marsh State Historic Park: A Walking History, Prehistory, Flora, and Fauna Tour of a California State Park” and “Native Americans of Lake County.” She also formerly wrote for NASA and JPL as one of their “Solar System Ambassadors.” She was selected “Lake County Teacher of the Year, 1998-99” by the Lake County Office of Education, and chosen as one of 10 state finalists the same year by the California Department of Education.
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